PURPOSE: This rule makes Class A licensees primarily liable for certain facilities 12 CSR 50-40

and equipment and to make associations secondarily liable for providing that same equipment.

1. (1) The Class A licensee shall be primarily liable to provide the facilities and equipment required by the following rules:

   1. (A) 12 CSR 50-40.040(1)(A) and (B);
   2. (B) 12 CSR 50-40.140;
   3. (C) 12 CSR 50-40.150;
   4. (D) 12 CSR 50-40.160(1), (3)(A) and (C),

2. (5) and (6); and

   1. (E) 12 CSR 50-40.190(2)(A).

3. (2) Each association shall be secondarily liable to provide the facilities and equipment enumerated in section (1).

   1. (A) The association shall make every attempt to ensure that section (1) is complied with.
   2. (B) The judges, the executive director or the director of security may demand the association provide the facilities or equipment required by section (1) and may delay or cancel all or any part of a meeting until section
4. (1) is complied with.
5. (3) In the event a Class A licensee fails without good cause to provide the facilities or equipment required by section (1), the commission may discipline the Class A licensee, without regard to the fact that an association has cured any deficiency under section (2) of this rule.
6. (4) If any association cures any deficiency of section (1) of this rule, it shall have a claim against the Class A licensee for actual costs of such cure, if the Class A licensee did not have just cause for not supplying required facilities or equipment.

AUTHORITY: section 313.540, RSMo 1986.* Emergency rule filed June 20, 1986, effective June 30, 1986, expired Oct. 13, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987. Amended: Filed Oct. 13, 1987, effective Jan. 14, 1988.

*Original authority: 313.540, RSMo 1986.